Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Ranjan Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 7.5 litres of liquor from an abandoned bag, which he claimed was not in his conscious possession. He argued that the investigation relied solely on secret information without proper inquiry and that he had only one prior excise case. The State opposed his request for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the provisional bail would be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the reliance on secret information without proper investigation justifies denial of bail.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- secret information
- bail conditions
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6729 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Ranjan Kumar S/O Bhuneshwar Yadav Resident of Village - Pawanpuri
Gobraiya, P.S- Kauwakol, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitish Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 7.5 liters of liquor from an
abandoned bag.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.6729 of 2026(2) dt.04-02-2026
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and he came to be implicated based on secret information which
is the easiest way to implicate someone. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Excise
Pakaribarawan P.S. Case No. 189 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.6729 of 2026(2) dt.04-02-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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